The online versions of legislation provided on this website are not official. Enrolled bills are the final version passed by the Ohio General Assembly and presented to the Governor for signature. The official version of acts signed by the Governor are available from the Secretary of State's Office in the Continental Plaza, 180 East Broad St., Columbus.

To amend sections 2151.34, 2301.14, 2303.201,
2311.14, 2335.09, 2335.11, 2903.213, 2903.214,
2919.26, 2919.272, and 3113.31 of the Revised Code
to prohibit the taxation of interpreter's fees as
court costs if the party to be taxed is indigent
and require payment of the fees by the county or
municipal corporation in which the court is
located, to eliminate the requirement that a court
evaluate the qualifications of an interpreter for
a mentally retarded or developmentally disabled
person before appointing the interpreter, to
provide that no fee, cost, deposit, or money may
be charged to a person who seeks a protection
order for the modification, enforcement,
dismissal, or withdrawal of a domestic violence,
anti-stalking, sexually oriented offense, or other
type of protection order or consent agreement or
for the service of a witness subpoena, and to
remove certain exemptions from the collection of
additional filing fees for civil actions.

(1) "Court" means the juvenile division of the court of
common pleas of the county in which the person to be protected by
the protection order resides.

(2) "Victim advocate" means a person who provides support and
assistance for a person who files a petition under this section.

(3) "Family or household member" has the same meaning as in
section 3113.31 of the Revised Code.

(4) "Protection order issued by a court of another state" has
the same meaning as in section 2919.27 of the Revised Code.

(5) "Petitioner" means a person who files a petition under
this section and includes a person on whose behalf a petition
under this section is filed.

(6) "Respondent" means a person who is under eighteen years
of age and against whom a petition is filed under this section.

(7) "Sexually oriented offense" has the same meaning as in
section 2950.01 of the Revised Code.

(8) "Electronic monitoring" has the same meaning as in
section 2929.01 of the Revised Code.

(B) The court has jurisdiction over all proceedings under
this section.

(C)(1) Any of the following persons may seek relief under
this section by filing a petition with the court:

(a) Any person on behalf of that person;

(b) Any parent or adult family or household member on behalf
of any other family or household member;

(c) Any person who is determined by the court in its
discretion as an appropriate person to seek relief under this
section on behalf of any child.

(2) The petition shall contain or state all of the following:

(a) An allegation that the respondent engaged in a violation
of section 2903.11, 2903.12, 2903.13, 2903.21, 2903.211, 2903.22,
or 2911.211 of the Revised Code, committed a sexually oriented
offense, or engaged in a violation of any municipal ordinance that
is substantially equivalent to any of those offenses against the
person to be protected by the protection order, including a
description of the nature and extent of the violation;

(b) If the petitioner seeks relief in the form of electronic
monitoring of the respondent, an allegation that at any time
preceding the filing of the petition the respondent engaged in
conduct that would cause a reasonable person to believe that the
health, welfare, or safety of the person to be protected was at
risk, a description of the nature and extent of that conduct, and
an allegation that the respondent presents a continuing danger to
the person to be protected;

(c) A request for relief under this section.

(3) The court in its discretion may determine whether or not
to give notice that a petition has been filed under division
(C)(1) of this section on behalf of a child to any of the
following:

(a) A parent of the child if the petition was filed by any
person other than a parent of the child;

(b) Any person who is determined by the court to be an
appropriate person to receive notice of the filing of the
petition.

(D)(1) If a person who files a petition pursuant to this
section requests an ex parte order, the court shall hold an ex
parte hearing as soon as possible after the petition is filed, but
not later than the next day after the court is in session after
the petition is filed. The court, for good cause shown at the ex
parte hearing, may enter any temporary orders, with or without
bond, that the court finds necessary for the safety and protection
of the person to be protected by the order. Immediate and present
danger to the person to be protected by the protection order
constitutes good cause for purposes of this section. Immediate and
present danger includes, but is not limited to, situations in
which the respondent has threatened the person to be protected by
the protection order with bodily harm or in which the respondent
previously has been convicted of, pleaded guilty to, or been
adjudicated a delinquent child for committing a violation of
section 2903.11, 2903.12, 2903.13, 2903.21, 2903.211, 2903.22, or
2911.211 of the Revised Code, a sexually oriented offense, or a
violation of any municipal ordinance that is substantially
equivalent to any of those offenses against the person to be
protected by the protection order.

(2)(a) If the court, after an ex parte hearing, issues a
protection order described in division (E) of this section, the
court shall schedule a full hearing for a date that is within ten
court days after the ex parte hearing. The court shall give the
respondent notice of, and an opportunity to be heard at, the full
hearing. The court also shall give notice of the full hearing to
the parent, guardian, or legal custodian of the respondent. The
court shall hold the full hearing on the date scheduled under this
division unless the court grants a continuance of the hearing in
accordance with this division. Under any of the following
circumstances or for any of the following reasons, the court may
grant a continuance of the full hearing to a reasonable time
determined by the court:

(i) Prior to the date scheduled for the full hearing under
this division, the respondent has not been served with the
petition filed pursuant to this section and notice of the full
hearing.

(ii) The parties consent to the continuance.

(iii) The continuance is needed to allow a party to obtain
counsel.

(iv) The continuance is needed for other good cause.

(b) An ex parte order issued under this section does not
expire because of a failure to serve notice of the full hearing
upon the respondent before the date set for the full hearing under
division (D)(2)(a) of this section or because the court grants a
continuance under that division.

(3) If a person who files a petition pursuant to this section
does not request an ex parte order, or if a person requests an ex
parte order but the court does not issue an ex parte order after
an ex parte hearing, the court shall proceed as in a normal civil
action and grant a full hearing on the matter.

(E)(1)(a) After an ex parte or full hearing, the court may
issue any protection order, with or without bond, that contains
terms designed to ensure the safety and protection of the person
to be protected by the protection order.

(b) After a full hearing, if the court considering a petition
that includes an allegation of the type described in division
(C)(2)(b) of this section or the court, upon its own motion, finds
upon clear and convincing evidence that the petitioner reasonably
believed that the respondent's conduct at any time preceding the
filing of the petition endangered the health, welfare, or safety
of the person to be protected and that the respondent presents a
continuing danger to the person to be protected and if division
(N) of this section does not prohibit the issuance of an order
that the respondent be electronically monitored, the court may
order that the respondent be electronically monitored for a period
of time and under the terms and conditions that the court
determines are appropriate. Electronic monitoring shall be in
addition to any other relief granted to the petitioner.

(2)(a) Any protection order issued pursuant to this section
shall be valid until a date certain but not later than the date
the respondent attains nineteen years of age.

(b) Any protection order issued pursuant to this section may
be renewed in the same manner as the original order was issued.

(3) A court may not issue a protection order that requires a
petitioner to do or to refrain from doing an act that the court
may require a respondent to do or to refrain from doing under
division (E)(1) of this section unless all of the following apply:

(a) The respondent files a separate petition for a protection
order in accordance with this section.

(b) The petitioner is served with notice of the respondent's
petition at least forty-eight hours before the court holds a
hearing with respect to the respondent's petition, or the
petitioner waives the right to receive this notice.

(c) If the petitioner has requested an ex parte order
pursuant to division (D) of this section, the court does not delay
any hearing required by that division beyond the time specified in
that division in order to consolidate the hearing with a hearing
on the petition filed by the respondent.

(d) After a full hearing at which the respondent presents
evidence in support of the request for a protection order and the
petitioner is afforded an opportunity to defend against that
evidence, the court determines that the petitioner has committed a
violation of section 2903.11, 2903.12, 2903.13, 2903.21, 2903.211,
2903.22, or 2911.211 of the Revised Code, a sexually oriented
offense, or a violation of any municipal ordinance that is
substantially equivalent to any of those offenses against the
person to be protected by the protection order issued pursuant to
division (E)(3) of this section, or has violated a protection
order issued pursuant to this section or section 2903.213 of the
Revised Code relative to the person to be protected by the
protection order issued pursuant to division (E)(3) of this
section.

(4) No protection order issued pursuant to this section shall
in any manner affect title to any real property.

(5)(a) A protection order issued under this section shall
clearly state that the person to be protected by the order cannot
waive or nullify by invitation or consent any requirement in the
order.

(b) Division (E)(5)(a) of this section does not limit any
discretion of a court to determine that a respondent alleged to
have violated section 2919.27 of the Revised Code, violated a
municipal ordinance substantially equivalent to that section, or
committed contempt of court, which allegation is based on an
alleged violation of a protection order issued under this section,
did not commit the violation or was not in contempt of court.

(6) Any protection order issued pursuant to this section
shall include a provision that the court will automatically seal
all of the records of the proceeding in which the order is issued
on the date the respondent attains the age of nineteen years
unless the petitioner provides the court with evidence that the
respondent has not complied with all of the terms of the
protection order. The protection order shall specify the date when
the respondent attains the age of nineteen years.

(F)(1) The court shall cause the delivery of a copy of any
protection order that is issued under this section to the
petitioner, to the respondent, and to all law enforcement agencies
that have jurisdiction to enforce the order. The court shall
direct that a copy of the order be delivered to the respondent and
the parent, guardian, or legal custodian of the respondent on the
same day that the order is entered.

(2) Upon the issuance of a protection order under this
section, the court shall provide the parties to the order with the
following notice orally or by form:

"NOTICE

As a result of this order, it may be unlawful for you to
possess or purchase a firearm, including a rifle, pistol, or
revolver, or ammunition pursuant to federal law under 18 U.S.C.
922(g)(8). If you have any questions whether this law makes it
illegal for you to possess or purchase a firearm or ammunition,
you should consult an attorney."

(3) All law enforcement agencies shall establish and maintain
an index for the protection orders delivered to the agencies
pursuant to division (F)(1) of this section. With respect to each
order delivered, each agency shall note on the index the date and
time that it received the order.

(4) Regardless of whether the petitioner has registered the
protection order in the county in which the officer's agency has
jurisdiction pursuant to division (M) of this section, any officer
of a law enforcement agency shall enforce a protection order
issued pursuant to this section by any court in this state in
accordance with the provisions of the order, including removing
the respondent from the premises, if appropriate.

(G) Any proceeding under this section shall be conducted in
accordance with the Rules of Civil Procedure, except that a
protection order may be obtained under this section with or
without bond. An order issued under this section, other than an ex
parte order, that grants a protection order, or that refuses to
grant a protection order, is a final, appealable order. The
remedies and procedures provided in this section are in addition
to, and not in lieu of, any other available civil or criminal
remedies or any other available remedies under Chapter 2151. or
2152. of the Revised Code.

(H) The filing of proceedings under this section does not
excuse a person from filing any report or giving any notice
required by section 2151.421 of the Revised Code or by any other
law.

(I) Any law enforcement agency that investigates an alleged
violation of section 2903.11, 2903.12, 2903.13, 2903.21, 2903.211,
2903.22, or 2911.211 of the Revised Code, an alleged commission of
a sexually oriented offense, or an alleged violation of a
municipal ordinance that is substantially equivalent to any of
those offenses shall provide information to the victim and the
family or household members of the victim regarding the relief
available under this section.

(J) Notwithstanding any provision of law to the contrary(1)
Subject to division (J)(2) of this section and regardless of
whether a protection order is issued or a consent agreement is
approved by a court of another county or by a court of another
state, no court or unit of state or local government shall charge
the petitioner any fee, cost, deposit, or money in connection with
the filing of a petition pursuant to this section, in connection
with the filing, issuance, registration, modification,
enforcement, dismissal, withdrawal, or service of a protection
order or, consent agreement, or witness subpoena or for obtaining
a certified copy of a protection order or consent agreement.

(2) Regardless of whether a protection order is issued or a
consent agreement is approved pursuant to this section, the court
may assess costs against the respondent in connection with the
filing, issuance, registration, modification, enforcement,
dismissal, withdrawal, or service of a protection order, consent
agreement, or witness subpoena or for obtaining a certified copy
of a protection order or consent agreement.

(K)(1) A person who violates a protection order issued under
this section is subject to the following sanctions:

(a) A delinquent child proceeding or a criminal prosecution
for a violation of section 2919.27 of the Revised Code, if the
violation of the protection order constitutes a violation of that
section;

(b) Punishment for contempt of court.

(2) The punishment of a person for contempt of court for
violation of a protection order issued under this section does not
bar criminal prosecution of the person or a delinquent child
proceeding concerning the person for a violation of section
2919.27 of the Revised Code. However, a person punished for
contempt of court is entitled to credit for the punishment imposed
upon conviction of or adjudication as a delinquent child for a
violation of that section, and a person convicted of or
adjudicated a delinquent child for a violation of that section
shall not subsequently be punished for contempt of court arising
out of the same activity.

(L) In all stages of a proceeding under this section, a
petitioner may be accompanied by a victim advocate.

(M)(1) A petitioner who obtains a protection order under this
section may provide notice of the issuance or approval of the
order to the judicial and law enforcement officials in any county
other than the county in which the order is issued by registering
that order in the other county pursuant to division (M)(2) of this
section and filing a copy of the registered order with a law
enforcement agency in the other county in accordance with that
division. A person who obtains a protection order issued by a
court of another state may provide notice of the issuance of the
order to the judicial and law enforcement officials in any county
of this state by registering the order in that county pursuant to
section 2919.272 of the Revised Code and filing a copy of the
registered order with a law enforcement agency in that county.

(2) A petitioner may register a protection order issued
pursuant to this section in a county other than the county in
which the court that issued the order is located in the following
manner:

(a) The petitioner shall obtain a certified copy of the order
from the clerk of the court that issued the order and present that
certified copy to the clerk of the court of common pleas or the
clerk of a municipal court or county court in the county in which
the order is to be registered.

(b) Upon accepting the certified copy of the order for
registration, the clerk of the court of common pleas, municipal
court, or county court shall place an endorsement of registration
on the order and give the petitioner a copy of the order that
bears that proof of registration.

(3) The clerk of each court of common pleas, municipal court,
or county court shall maintain a registry of certified copies of
protection orders that have been issued by courts in other
counties pursuant to this section and that have been registered
with the clerk.

(N) If the court orders electronic monitoring of the
respondent under this section, the court shall direct the
sheriff's office or any other appropriate law enforcement agency
to install the electronic monitoring device and to monitor the
respondent. Unless the court determines that the respondent is
indigent, the court shall order the respondent to pay the cost of
the installation and monitoring of the electronic monitoring
device. If the court determines that the respondent is indigent
and subject to the maximum amount allowable to be paid in any year
from the fund and the rules promulgated by the attorney general
under section 2903.214 of the Revised Code, the cost of the
installation and monitoring of the electronic monitoring device
may be paid out of funds from the reparations fund created
pursuant to section 2743.191 of the Revised Code. The total amount
paid from the reparations fund created pursuant to section
2743.191 of the Revised Code for electronic monitoring under this
section and sections 2903.214 and 2919.27 of the Revised Code
shall not exceed three hundred thousand dollars per year. When the
total amount paid from the reparations fund in any year for
electronic monitoring under those sections equals or exceeds three
hundred thousand dollars, the court shall not order pursuant to
this section that an indigent respondent be electronically
monitored.

(O) The court, in its discretion, may determine if the
respondent is entitled to court-appointed counsel in a proceeding
under this section.

Sec. 2301.14. The clerk of the court of common pleas in
which the service of a court interpreter is rendered shall tax in
the cost bill in such case, to be collected as other costs, the
sum of three dollars for each day of service of such interpreter,
which fees shall be paid into the county treasury to the credit of
the county fund. If the party taxed with costs is indigent, the
clerk shall not tax the interpreter's fees as costs, and the
county shall pay the interpreter's fees.

Sec. 2303.201. (A)(1) The court of common pleas of any
county may determine that for the efficient operation of the court
additional funds are required to computerize the court, to make
available computerized legal research services, or to do both.
Upon making a determination that additional funds are required for
either or both of those purposes, the court shall authorize and
direct the clerk of the court of common pleas to charge one
additional fee, not to exceed six dollars, on the filing of each
cause of action or appeal under divisions (A), (Q), and (U) of
section 2303.20 of the Revised Code.

(2) All fees collected under division (A)(1) of this section
shall be paid to the county treasurer. The treasurer shall place
the funds from the fees in a separate fund to be disbursed either
upon an order of the court, subject to an appropriation by the
board of county commissioners, or upon an order of the court,
subject to the court making an annual report available to the
public listing the use of all such funds, in an amount not greater
than the actual cost to the court of procuring and maintaining
computerization of the court, computerized legal research
services, or both.

(3) If the court determines that the funds in the fund
described in division (A)(2) of this section are more than
sufficient to satisfy the purpose for which the additional fee
described in division (A)(1) of this section was imposed, the
court may declare a surplus in the fund and, subject to an
appropriation by the board of county commissioners, expend those
surplus funds, or upon an order of the court, subject to the court
making an annual report available to the public listing the use of
all such funds, expend those surplus funds, for other appropriate
technological expenses of the court.

(B)(1) The court of common pleas of any county may determine
that, for the efficient operation of the court, additional funds
are required to make technological advances in or to computerize
the office of the clerk of the court of common pleas and, upon
that determination, authorize and direct the clerk of the court of
common pleas to charge an additional fee, not to exceed twenty
dollars, on the filing of each cause of action or appeal, on the
filing, docketing, and endorsing of each certificate of judgment,
or on the docketing and indexing of each aid in execution or
petition to vacate, revive, or modify a judgment under divisions
(A), (P), (Q), (T), and (U) of section 2303.20 of the Revised Code
and not to exceed one dollar each for the services described in
divisions (B), (C), (D), (F), (H), and (L) of section 2303.20 of
the Revised Code. Subject to division (B)(2) of this section, all
moneys collected under division (B)(1) of this section shall be
paid to the county treasurer to be disbursed, upon an order of the
court of common pleas and subject to appropriation by the board of
county commissioners, in an amount no greater than the actual cost
to the court of procuring and maintaining technology and computer
systems for the office of the clerk of the court of common pleas.

(2) If the court of common pleas of a county makes the
determination described in division (B)(1) of this section, the
board of county commissioners of that county may issue one or more
general obligation bonds for the purpose of procuring and
maintaining the technology and computer systems for the office of
the clerk of the court of common pleas. In addition to the
purposes stated in division (B)(1) of this section for which the
moneys collected under that division may be expended, the moneys
additionally may be expended to pay debt charges on and financing
costs related to any general obligation bonds issued pursuant to
division (B)(2) of this section as they become due. General
obligation bonds issued pursuant to division (B)(2) of this
section are Chapter 133. securities.

(C) The court of common pleas shall collect the sum of
twenty-six dollars as additional filing fees in each new civil
action or proceeding for the charitable public purpose of
providing financial assistance to legal aid societies that operate
within the state and to support the office of the state public
defender. This division does not apply to proceedings concerning
annulments, dissolutions of marriage, divorces, legal separation,
spousal support, marital property or separate property
distribution, support, or other domestic relations matters; to a
juvenile division of a court of common pleas, except that an
additional filing fee of fifteen dollars shall apply to custody,
visitation, and parentage actions; to a probate division of a
court of common pleas, except that the additional filing fees
shall apply to name change, guardianship, adoption, and decedents'
estate proceedings; or to an execution on a judgment, proceeding
in aid of execution, or other post-judgment proceeding arising out
of a civil action. The filing fees required to be collected under
this division shall be in addition to any other filing fees
imposed in the action or proceeding and shall be collected at the
time of the filing of the action or proceeding. The court shall
not waive the payment of the additional filing fees in a new civil
action or proceeding unless the court waives the advanced payment
of all filing fees in the action or proceeding. All such moneys
collected during a month except for an amount equal to up to one
per cent of those moneys retained to cover administrative costs
shall be transmitted on or before the twentieth day of the
following month by the clerk of the court to the treasurer of
state in a manner prescribed by the treasurer of state or by the
Ohio legal assistance foundation. The treasurer of state shall
deposit four per cent of the funds collected under this division
to the credit of the civil case filing fee fund established under
section 120.07 of the Revised Code and ninety-six per cent of the
funds collected under this division to the credit of the legal aid
fund established under section 120.52 of the Revised Code.

The court may retain up to one per cent of the moneys it
collects under this division to cover administrative costs,
including the hiring of any additional personnel necessary to
implement this division. If the court fails to transmit to the
treasurer of state the moneys the court collects under this
division in a manner prescribed by the treasurer of state or by
the Ohio legal assistance foundation, the court shall forfeit the
moneys the court retains under this division to cover
administrative costs, including the hiring of any additional
personnel necessary to implement this division, and shall transmit
to the treasurer of state all moneys collected under this
division, including the forfeited amount retained for
administrative costs, for deposit in the legal aid fund.

(D) On and after the thirtieth day after December 9, 1994,
the court of common pleas shall collect the sum of thirty-two
dollars as additional filing fees in each new action or proceeding
for annulment, divorce, or dissolution of marriage for the purpose
of funding shelters for victims of domestic violence pursuant to
sections 3113.35 to 3113.39 of the Revised Code. The filing fees
required to be collected under this division shall be in addition
to any other filing fees imposed in the action or proceeding and
shall be collected at the time of the filing of the action or
proceeding. The court shall not waive the payment of the
additional filing fees in a new action or proceeding for
annulment, divorce, or dissolution of marriage unless the court
waives the advanced payment of all filing fees in the action or
proceeding. On or before the twentieth day of each month, all
moneys collected during the immediately preceding month pursuant
to this division shall be deposited by the clerk of the court into
the county treasury in the special fund used for deposit of
additional marriage license fees as described in section 3113.34
of the Revised Code. Upon their deposit into the fund, the moneys
shall be retained in the fund and expended only as described in
section 3113.34 of the Revised Code.

(E)(1) The court of common pleas may determine that, for the
efficient operation of the court, additional funds are necessary
to acquire and pay for special projects of the court, including,
but not limited to, the acquisition of additional facilities or
the rehabilitation of existing facilities, the acquisition of
equipment, the hiring and training of staff, community service
programs, mediation or dispute resolution services, the employment
of magistrates, the training and education of judges, acting
judges, and magistrates, and other related services. Upon that
determination, the court by rule may charge a fee, in addition to
all other court costs, on the filing of each criminal cause, civil
action or proceeding, or judgment by confession.

If the court of common pleas offers or requires a special
program or additional services in cases of a specific type, the
court by rule may assess an additional charge in a case of that
type, over and above court costs, to cover the special program or
service. The court shall adjust the special assessment
periodically, but not retroactively, so that the amount assessed
in those cases does not exceed the actual cost of providing the
service or program.

All moneys collected under division (E) of this section shall
be paid to the county treasurer for deposit into either a general
special projects fund or a fund established for a specific special
project. Moneys from a fund of that nature shall be disbursed upon
an order of the court, subject to an appropriation by the board of
county commissioners, in an amount no greater than the actual cost
to the court of a project. If a specific fund is terminated
because of the discontinuance of a program or service established
under division (E) of this section, the court may order, subject
to an appropriation by the board of county commissioners, that
moneys remaining in the fund be transferred to an account
established under this division for a similar purpose.

(2) As used in division (E) of this section:

(a) "Criminal cause" means a charge alleging the violation of
a statute or ordinance, or subsection of a statute or ordinance,
that requires a separate finding of fact or a separate plea before
disposition and of which the defendant may be found guilty,
whether filed as part of a multiple charge on a single summons,
citation, or complaint or as a separate charge on a single
summons, citation, or complaint. "Criminal cause" does not include
separate violations of the same statute or ordinance, or
subsection of the same statute or ordinance, unless each charge is
filed on a separate summons, citation, or complaint.

(b) "Civil action or proceeding" means any civil litigation
that must be determined by judgment entry.

Sec. 2311.14. (A)(1) Whenever because of a hearing, speech,
or other impairment a party to or witness in a legal proceeding
cannot readily understand or communicate, the court shall appoint
a qualified interpreter to assist such person. Before appointing
any interpreter under this division for a party or witness who is
a mentally retarded person or developmentally disabled person, the
court shall evaluate the qualifications of the interpreter and
shall make a determination as to the ability of the interpreter to
effectively interpret on behalf of the party or witness that the
interpreter will assist, and the court may appoint the interpreter
only if the court is satisfied that the interpreter is able to
effectively interpret on behalf of that party or witness.

(2) This section is not limited to a person who speaks a
language other than English. It also applies to the language and
descriptions of any mentally retarded person or developmentally
disabled person who cannot be reasonably understood, or who cannot
understand questioning, without the aid of an interpreter. The
interpreter may aid the parties in formulating methods of
questioning the person with mental retardation or a developmental
disability and in interpreting the answers of the person.

(B) Before entering upon official duties, the interpreter
shall take an oath that the interpreter will make a true
interpretation of the proceedings to the party or witness, and
that the interpreter will truly repeat the statements made by such
party or witness to the court, to the best of the interpreter's
ability. If the interpreter is appointed to assist a mentally
retarded person or developmentally disabled person as described in
division (A)(2) of this section, the oath also shall include an
oath that the interpreter will not prompt, lead, suggest, or
otherwise improperly influence the testimony of the witness or
party.

(C) The court shall determine a reasonable fee for all such
interpreter service which shall be paid out of the same funds as
witness fees. If the party taxed with costs is indigent, the court
shall not tax the interpreter's fees as costs, and the county or,
if the court is a municipal court that is not a county-operated
municipal court, the municipal corporation in which the court is
located shall pay the interpreter's fees.

(D) As used in this section, "mentally retarded person" and
"developmentally disabled person" have the same meanings as in
section 5123.01 of the Revised Code.

Sec. 2335.09. Whenever, in any criminal proceeding or
prosecution for the violation of an ordinance, or in a hearing
before a coroner, an interpreter is necessary, the judge,
magistrate, or coroner may appoint interpreters, who shall receive
fees as witnesses in the case or proceeding. Such fees shall be
taxed and paid as provided by sections 2335.05 to 2335.08,
inclusive, of the Revised Code for other witness fees. If the
party taxed with costs is indigent, interpreter's fees shall not
be taxed as costs, and the county or, if the court is a municipal
court that is not a county-operated municipal court, the municipal
corporation in which the court is located shall pay the
interpreter's fees. This section shall not apply if, by law, an
interpreter is otherwise provided.

Sec. 2335.11. In felony cases in which the defendant is
convicted, the fees of the various magistrates and their officers,
the witness fees, and interpreter's fees shall be inserted in the
judgment of conviction and, when collected shall be disbursed by
the clerk of the court of common pleas to the persons entitled
thereto. In minor state cases, which have come to the court of
common pleas through such magistrate's courts, the fees enumerated
by this section shall be inserted in the judgment of conviction
and, when collected shall be disbursed by the clerk to the persons
entitled thereto. In both felonies and minor state cases, such
clerk shall pay the witness and interpreter's fees into the county
treasury, monthly.

If the defendant is indigent, the interpreter's fees shall
not be inserted in the judgment of conviction, and the county
shall pay the interpreter's fees.

In all cases in which recognizances are taken, forfeited, and
collected, the amount recovered shall be paid into the county
treasury, and if no conviction is had, such costs shall be paid by
the county upon the allowance of the county auditor.

Sec. 2903.213. (A) Except when the complaint involves a
person who is a family or household member as defined in section
2919.25 of the Revised Code, upon the filing of a complaint that
alleges a violation of section 2903.11, 2903.12, 2903.13, 2903.21,
2903.211, 2903.22, or 2911.211 of the Revised Code, a violation of
a municipal ordinance substantially similar to section 2903.13,
2903.21, 2903.211, 2903.22, or 2911.211 of the Revised Code, or
the commission of a sexually oriented offense, the complainant,
the alleged victim, or a family or household member of an alleged
victim may file a motion that requests the issuance of a
protection order as a pretrial condition of release of the alleged
offender, in addition to any bail set under Criminal Rule 46. The
motion shall be filed with the clerk of the court that has
jurisdiction of the case at any time after the filing of the
complaint. If the complaint involves a person who is a family or
household member, the complainant, the alleged victim, or the
family or household member may file a motion for a temporary
protection order pursuant to section 2919.26 of the Revised Code.

(B) A motion for a protection order under this section shall
be prepared on a form that is provided by the clerk of the court,
and the form shall be substantially as follows:

"Motion for Protection Order

............................

Name and address of court

State of Ohio

v.

No. ..........

.............................

Name of Defendant

(Name of person), moves the court to issue a protection order
containing terms designed to ensure the safety and protection of
the complainant or the alleged victim in the above-captioned case,
in relation to the named defendant, pursuant to its authority to
issue a protection order under section 2903.213 of the Revised
Code.

A complaint, a copy of which has been attached to this
motion, has been filed in this court charging the named defendant
with a violation of section 2903.11, 2903.12, 2903.13, 2903.21,
2903.211, 2903.22, or 2911.211 of the Revised Code, a violation of
a municipal ordinance substantially similar to section 2903.13,
2903.21, 2903.211, 2903.22, or 2911.211 of the Revised Code, or
the commission of a sexually oriented offense.

I understand that I must appear before the court, at a time
set by the court not later than the next day that the court is in
session after the filing of this motion, for a hearing on the
motion, and that any protection order granted pursuant to this
motion is a pretrial condition of release and is effective only
until the disposition of the criminal proceeding arising out of
the attached complaint or until the issuance under section
2903.214 of the Revised Code of a protection order arising out of
the same activities as those that were the basis of the attached
complaint.

.....................................

Signature of person

.....................................

Address of person"

(C)(1) As soon as possible after the filing of a motion that
requests the issuance of a protection order under this section,
but not later than the next day that the court is in session after
the filing of the motion, the court shall conduct a hearing to
determine whether to issue the order. The person who requested the
order shall appear before the court and provide the court with the
information that it requests concerning the basis of the motion.
If the court finds that the safety and protection of the
complainant or the alleged victim may be impaired by the continued
presence of the alleged offender, the court may issue a protection
order under this section, as a pretrial condition of release, that
contains terms designed to ensure the safety and protection of the
complainant or the alleged victim, including a requirement that
the alleged offender refrain from entering the residence, school,
business, or place of employment of the complainant or the alleged
victim.

(2)(a) If the court issues a protection order under this
section that includes a requirement that the alleged offender
refrain from entering the residence, school, business, or place of
employment of the complainant or the alleged victim, the order
shall clearly state that the order cannot be waived or nullified
by an invitation to the alleged offender from the complainant, the
alleged victim, or a family or household member to enter the
residence, school, business, or place of employment or by the
alleged offender's entry into one of those places otherwise upon
the consent of the complainant, the alleged victim, or a family or
household member.

(b) Division (C)(2)(a) of this section does not limit any
discretion of a court to determine that an alleged offender
charged with a violation of section 2919.27 of the Revised Code,
with a violation of a municipal ordinance substantially equivalent
to that section, or with contempt of court, which charge is based
on an alleged violation of a protection order issued under this
section, did not commit the violation or was not in contempt of
court.

(D)(1) Except when the complaint involves a person who is a
family or household member as defined in section 2919.25 of the
Revised Code, upon the filing of a complaint that alleges a
violation specified in division (A) of this section, the court,
upon its own motion, may issue a protection order under this
section as a pretrial condition of release of the alleged offender
if it finds that the safety and protection of the complainant or
the alleged victim may be impaired by the continued presence of
the alleged offender.

(2) If the court issues a protection order under this section
as an ex parte order, it shall conduct, as soon as possible after
the issuance of the order but not later than the next day that the
court is in session after its issuance, a hearing to determine
whether the order should remain in effect, be modified, or be
revoked. The hearing shall be conducted under the standards set
forth in division (C) of this section.

(3) If a municipal court or a county court issues a
protection order under this section and if, subsequent to the
issuance of the order, the alleged offender who is the subject of
the order is bound over to the court of common pleas for
prosecution of a felony arising out of the same activities as
those that were the basis of the complaint upon which the order is
based, notwithstanding the fact that the order was issued by a
municipal court or county court, the order shall remain in effect,
as though it were an order of the court of common pleas, while the
charges against the alleged offender are pending in the court of
common pleas, for the period of time described in division (E)(2)
of this section, and the court of common pleas has exclusive
jurisdiction to modify the order issued by the municipal court or
county court. This division applies when the alleged offender is
bound over to the court of common pleas as a result of the person
waiving a preliminary hearing on the felony charge, as a result of
the municipal court or county court having determined at a
preliminary hearing that there is probable cause to believe that
the felony has been committed and that the alleged offender
committed it, as a result of the alleged offender having been
indicted for the felony, or in any other manner.

(E) A protection order that is issued as a pretrial condition
of release under this section:

(1) Is in addition to, but shall not be construed as a part
of, any bail set under Criminal Rule 46;

(2) Is effective only until the disposition, by the court
that issued the order or, in the circumstances described in
division (D)(3) of this section, by the court of common pleas to
which the alleged offender is bound over for prosecution, of the
criminal proceeding arising out of the complaint upon which the
order is based or until the issuance under section 2903.214 of the
Revised Code of a protection order arising out of the same
activities as those that were the basis of the complaint filed
under this section;

(3) Shall not be construed as a finding that the alleged
offender committed the alleged offense and shall not be introduced
as evidence of the commission of the offense at the trial of the
alleged offender on the complaint upon which the order is based.

(F) A person who meets the criteria for bail under Criminal
Rule 46 and who, if required to do so pursuant to that rule,
executes or posts bond or deposits cash or securities as bail,
shall not be held in custody pending a hearing before the court on
a motion requesting a protection order under this section.

(G)(1) A copy of a protection order that is issued under this
section shall be issued by the court to the complainant, to the
alleged victim, to the person who requested the order, to the
defendant, and to all law enforcement agencies that have
jurisdiction to enforce the order. The court shall direct that a
copy of the order be delivered to the defendant on the same day
that the order is entered. If a municipal court or a county court
issues a protection order under this section and if, subsequent to
the issuance of the order, the defendant who is the subject of the
order is bound over to the court of common pleas for prosecution
as described in division (D)(3) of this section, the municipal
court or county court shall direct that a copy of the order be
delivered to the court of common pleas to which the defendant is
bound over.

(2) All law enforcement agencies shall establish and maintain
an index for the protection orders delivered to the agencies
pursuant to division (G)(1) of this section. With respect to each
order delivered, each agency shall note on the index the date and
time of the agency's receipt of the order.

(3) Regardless of whether the petitioner has registered the
protection order in the county in which the officer's agency has
jurisdiction, any officer of a law enforcement agency shall
enforce a protection order issued pursuant to this section in
accordance with the provisions of the order.

(H) Upon a violation of a protection order issued pursuant to
this section, the court may issue another protection order under
this section, as a pretrial condition of release, that modifies
the terms of the order that was violated.

(I) Notwithstanding any provision of law to the contrary(1)
Subject to division (I)(2) of this section and regardless of
whether a protection order is issued or a consent agreement is
approved by a court of another county or by a court of another
state, no court or unit of state or local government shall charge
the movant any fee, cost, deposit, or money in connection with the
filing of a motion pursuant to this section, in connection with
the filing, issuance, registration, modification, enforcement,
dismissal, withdrawal, or service of a protection order or,
consent agreement, or witness subpoena or for obtaining certified
copies of a protection order or consent agreement.

(2) Regardless of whether a protection order is issued or a
consent agreement is approved pursuant to this section, if the
defendant is convicted the court may assess costs against the
defendant in connection with the filing, issuance, registration,
modification, enforcement, dismissal, withdrawal, or service of a
protection order, consent agreement, or witness subpoena or for
obtaining a certified copy of a protection order or consent
agreement.

(J) As used in this section, "sexually oriented offense" has
the same meaning as in section 2950.01 of the Revised Code.

Sec. 2903.214. (A) As used in this section:

(1) "Court" means the court of common pleas of the county in
which the person to be protected by the protection order resides.

(2) "Victim advocate" means a person who provides support and
assistance for a person who files a petition under this section.

(3) "Family or household member" has the same meaning as in
section 3113.31 of the Revised Code.

(4) "Protection order issued by a court of another state" has
the same meaning as in section 2919.27 of the Revised Code.

(5) "Sexually oriented offense" has the same meaning as in
section 2950.01 of the Revised Code.

(6) "Electronic monitoring" has the same meaning as in
section 2929.01 of the Revised Code.

(B) The court has jurisdiction over all proceedings under
this section.

(C) A person may seek relief under this section for the
person, or any parent or adult household member may seek relief
under this section on behalf of any other family or household
member, by filing a petition with the court. The petition shall
contain or state all of the following:

(1) An allegation that the respondent is eighteen years of
age or older and engaged in a violation of section 2903.211 of the
Revised Code against the person to be protected by the protection
order or committed a sexually oriented offense against the person
to be protected by the protection order, including a description
of the nature and extent of the violation;

(2) If the petitioner seeks relief in the form of electronic
monitoring of the respondent, an allegation that at any time
preceding the filing of the petition the respondent engaged in
conduct that would cause a reasonable person to believe that the
health, welfare, or safety of the person to be protected was at
risk, a description of the nature and extent of that conduct, and
an allegation that the respondent presents a continuing danger to
the person to be protected;

(3) A request for relief under this section.

(D)(1) If a person who files a petition pursuant to this
section requests an ex parte order, the court shall hold an ex
parte hearing as soon as possible after the petition is filed, but
not later than the next day that the court is in session after the
petition is filed. The court, for good cause shown at the ex parte
hearing, may enter any temporary orders, with or without bond,
that the court finds necessary for the safety and protection of
the person to be protected by the order. Immediate and present
danger to the person to be protected by the protection order
constitutes good cause for purposes of this section. Immediate and
present danger includes, but is not limited to, situations in
which the respondent has threatened the person to be protected by
the protection order with bodily harm or in which the respondent
previously has been convicted of or pleaded guilty to a violation
of section 2903.211 of the Revised Code or a sexually oriented
offense against the person to be protected by the protection
order.

(2)(a) If the court, after an ex parte hearing, issues a
protection order described in division (E) of this section, the
court shall schedule a full hearing for a date that is within ten
court days after the ex parte hearing. The court shall give the
respondent notice of, and an opportunity to be heard at, the full
hearing. The court shall hold the full hearing on the date
scheduled under this division unless the court grants a
continuance of the hearing in accordance with this division. Under
any of the following circumstances or for any of the following
reasons, the court may grant a continuance of the full hearing to
a reasonable time determined by the court:

(i) Prior to the date scheduled for the full hearing under
this division, the respondent has not been served with the
petition filed pursuant to this section and notice of the full
hearing.

(ii) The parties consent to the continuance.

(iii) The continuance is needed to allow a party to obtain
counsel.

(iv) The continuance is needed for other good cause.

(b) An ex parte order issued under this section does not
expire because of a failure to serve notice of the full hearing
upon the respondent before the date set for the full hearing under
division (D)(2)(a) of this section or because the court grants a
continuance under that division.

(3) If a person who files a petition pursuant to this section
does not request an ex parte order, or if a person requests an ex
parte order but the court does not issue an ex parte order after
an ex parte hearing, the court shall proceed as in a normal civil
action and grant a full hearing on the matter.

(E)(1)(a) After an ex parte or full hearing, the court may
issue any protection order, with or without bond, that contains
terms designed to ensure the safety and protection of the person
to be protected by the protection order, including, but not
limited to, a requirement that the respondent refrain from
entering the residence, school, business, or place of employment
of the petitioner or family or household member. If the court
includes a requirement that the respondent refrain from entering
the residence, school, business, or place of employment of the
petitioner or family or household member in the order, it also
shall include in the order provisions of the type described in
division (E)(5) of this section.

(b) After a full hearing, if the court considering a petition
that includes an allegation of the type described in division
(C)(2) of this section, or the court upon its own motion, finds
upon clear and convincing evidence that the petitioner reasonably
believed that the respondent's conduct at any time preceding the
filing of the petition endangered the health, welfare, or safety
of the person to be protected and that the respondent presents a
continuing danger to the person to be protected, the court may
order that the respondent be electronically monitored for a period
of time and under the terms and conditions that the court
determines are appropriate. Electronic monitoring shall be in
addition to any other relief granted to the petitioner.

(2)(a) Any protection order issued pursuant to this section
shall be valid until a date certain but not later than five years
from the date of its issuance.

(b) Any protection order issued pursuant to this section may
be renewed in the same manner as the original order was issued.

(3) A court may not issue a protection order that requires a
petitioner to do or to refrain from doing an act that the court
may require a respondent to do or to refrain from doing under
division (E)(1) of this section unless all of the following apply:

(a) The respondent files a separate petition for a protection
order in accordance with this section.

(b) The petitioner is served with notice of the respondent's
petition at least forty-eight hours before the court holds a
hearing with respect to the respondent's petition, or the
petitioner waives the right to receive this notice.

(c) If the petitioner has requested an ex parte order
pursuant to division (D) of this section, the court does not delay
any hearing required by that division beyond the time specified in
that division in order to consolidate the hearing with a hearing
on the petition filed by the respondent.

(d) After a full hearing at which the respondent presents
evidence in support of the request for a protection order and the
petitioner is afforded an opportunity to defend against that
evidence, the court determines that the petitioner has committed a
violation of section 2903.211 of the Revised Code against the
person to be protected by the protection order issued pursuant to
division (E)(3) of this section, has committed a sexually oriented
offense against the person to be protected by the protection order
issued pursuant to division (E)(3) of this section, or has
violated a protection order issued pursuant to section 2903.213 of
the Revised Code relative to the person to be protected by the
protection order issued pursuant to division (E)(3) of this
section.

(4) No protection order issued pursuant to this section shall
in any manner affect title to any real property.

(5)(a) If the court issues a protection order under this
section that includes a requirement that the alleged offender
refrain from entering the residence, school, business, or place of
employment of the petitioner or a family or household member, the
order shall clearly state that the order cannot be waived or
nullified by an invitation to the alleged offender from the
complainant to enter the residence, school, business, or place of
employment or by the alleged offender's entry into one of those
places otherwise upon the consent of the petitioner or family or
household member.

(b) Division (E)(5)(a) of this section does not limit any
discretion of a court to determine that an alleged offender
charged with a violation of section 2919.27 of the Revised Code,
with a violation of a municipal ordinance substantially equivalent
to that section, or with contempt of court, which charge is based
on an alleged violation of a protection order issued under this
section, did not commit the violation or was not in contempt of
court.

(F)(1) The court shall cause the delivery of a copy of any
protection order that is issued under this section to the
petitioner, to the respondent, and to all law enforcement agencies
that have jurisdiction to enforce the order. The court shall
direct that a copy of the order be delivered to the respondent on
the same day that the order is entered.

(2) Upon the issuance of a protection order under this
section, the court shall provide the parties to the order with the
following notice orally or by form:

"NOTICE

As a result of this order, it may be unlawful for you to
possess or purchase a firearm, including a rifle, pistol, or
revolver, or ammunition pursuant to federal law under 18 U.S.C.
922(g)(8). If you have any questions whether this law makes it
illegal for you to possess or purchase a firearm or ammunition,
you should consult an attorney."

(3) All law enforcement agencies shall establish and maintain
an index for the protection orders delivered to the agencies
pursuant to division (F)(1) of this section. With respect to each
order delivered, each agency shall note on the index the date and
time that it received the order.

(4) Regardless of whether the petitioner has registered the
protection order in the county in which the officer's agency has
jurisdiction pursuant to division (M) of this section, any officer
of a law enforcement agency shall enforce a protection order
issued pursuant to this section by any court in this state in
accordance with the provisions of the order, including removing
the respondent from the premises, if appropriate.

(G) Any proceeding under this section shall be conducted in
accordance with the Rules of Civil Procedure, except that a
protection order may be obtained under this section with or
without bond. An order issued under this section, other than an ex
parte order, that grants a protection order, or that refuses to
grant a protection order, is a final, appealable order. The
remedies and procedures provided in this section are in addition
to, and not in lieu of, any other available civil or criminal
remedies.

(H) The filing of proceedings under this section does not
excuse a person from filing any report or giving any notice
required by section 2151.421 of the Revised Code or by any other
law.

(I) Any law enforcement agency that investigates an alleged
violation of section 2903.211 of the Revised Code or an alleged
commission of a sexually oriented offense shall provide
information to the victim and the family or household members of
the victim regarding the relief available under this section and
section 2903.213 of the Revised Code.

(J) Notwithstanding any provision of law to the contrary(1)
Subject to division (J)(2) of this section and regardless of
whether a protection order is issued or a consent agreement is
approved by a court of another county or by a court of another
state, no court or unit of state or local government shall charge
the petitioner any fee, cost, deposit, or money in connection with
the filing of a petition pursuant to this section, in connection
with the filing, issuance, registration, modification,
enforcement, dismissal, withdrawal, or service of a protection
order or, consent agreement, or witness subpoena or for obtaining
a certified copy of a protection order or consent agreement.

(2) Regardless of whether a protection order is issued or a
consent agreement is approved pursuant to this section, the court
may assess costs against the respondent in connection with the
filing, issuance, registration, modification, enforcement,
dismissal, withdrawal, or service of a protection order, consent
agreement, or witness subpoena or for obtaining a certified copy
of a protection order or consent agreement.

(K)(1) A person who violates a protection order issued under
this section is subject to the following sanctions:

(a) Criminal prosecution for a violation of section 2919.27
of the Revised Code, if the violation of the protection order
constitutes a violation of that section;

(b) Punishment for contempt of court.

(2) The punishment of a person for contempt of court for
violation of a protection order issued under this section does not
bar criminal prosecution of the person for a violation of section
2919.27 of the Revised Code. However, a person punished for
contempt of court is entitled to credit for the punishment imposed
upon conviction of a violation of that section, and a person
convicted of a violation of that section shall not subsequently be
punished for contempt of court arising out of the same activity.

(L) In all stages of a proceeding under this section, a
petitioner may be accompanied by a victim advocate.

(M)(1) A petitioner who obtains a protection order under this
section or a protection order under section 2903.213 of the
Revised Code may provide notice of the issuance or approval of the
order to the judicial and law enforcement officials in any county
other than the county in which the order is issued by registering
that order in the other county pursuant to division (M)(2) of this
section and filing a copy of the registered order with a law
enforcement agency in the other county in accordance with that
division. A person who obtains a protection order issued by a
court of another state may provide notice of the issuance of the
order to the judicial and law enforcement officials in any county
of this state by registering the order in that county pursuant to
section 2919.272 of the Revised Code and filing a copy of the
registered order with a law enforcement agency in that county.

(2) A petitioner may register a protection order issued
pursuant to this section or section 2903.213 of the Revised Code
in a county other than the county in which the court that issued
the order is located in the following manner:

(a) The petitioner shall obtain a certified copy of the order
from the clerk of the court that issued the order and present that
certified copy to the clerk of the court of common pleas or the
clerk of a municipal court or county court in the county in which
the order is to be registered.

(b) Upon accepting the certified copy of the order for
registration, the clerk of the court of common pleas, municipal
court, or county court shall place an endorsement of registration
on the order and give the petitioner a copy of the order that
bears that proof of registration.

(3) The clerk of each court of common pleas, municipal court,
or county court shall maintain a registry of certified copies of
protection orders that have been issued by courts in other
counties pursuant to this section or section 2903.213 of the
Revised Code and that have been registered with the clerk.

(N)(1) If the court orders electronic monitoring of the
respondent under this section, the court shall direct the
sheriff's office or any other appropriate law enforcement agency
to install the electronic monitoring device and to monitor the
respondent. Unless the court determines that the respondent is
indigent, the court shall order the respondent to pay the cost of
the installation and monitoring of the electronic monitoring
device. If the court determines that the respondent is indigent
and subject to the maximum amount allowable to be paid in any year
from the fund and the rules promulgated by the attorney general
under division (N)(2) of this section, the cost of the
installation and monitoring of the electronic monitoring device
may be paid out of funds from the reparations fund created
pursuant to section 2743.191 of the Revised Code. The total amount
of costs for the installation and monitoring of electronic
monitoring devices paid pursuant to this division and sections
2151.34 and 2919.27 of the Revised Code from the reparations fund
shall not exceed three hundred thousand dollars per year.

(2) The attorney general may promulgate rules pursuant to
section 111.15 of the Revised Code to govern payments made from
the reparations fund pursuant to this division and sections
2151.34 and 2919.27 of the Revised Code. The rules may include
reasonable limits on the total cost paid pursuant to this division
and sections 2151.34 and 2919.27 of the Revised Code per
respondent, the amount of the three hundred thousand dollars
allocated to each county, and how invoices may be submitted by a
county, court, or other entity.

Sec. 2919.26. (A)(1) Upon the filing of a complaint that
alleges a violation of section 2909.06, 2909.07, 2911.12, or
2911.211 of the Revised Code if the alleged victim of the
violation was a family or household member at the time of the
violation, a violation of a municipal ordinance that is
substantially similar to any of those sections if the alleged
victim of the violation was a family or household member at the
time of the violation, any offense of violence if the alleged
victim of the offense was a family or household member at the time
of the commission of the offense, or any sexually oriented offense
if the alleged victim of the offense was a family or household
member at the time of the commission of the offense, the
complainant, the alleged victim, or a family or household member
of an alleged victim may file, or, if in an emergency the alleged
victim is unable to file, a person who made an arrest for the
alleged violation or offense under section 2935.03 of the Revised
Code may file on behalf of the alleged victim, a motion that
requests the issuance of a temporary protection order as a
pretrial condition of release of the alleged offender, in addition
to any bail set under Criminal Rule 46. The motion shall be filed
with the clerk of the court that has jurisdiction of the case at
any time after the filing of the complaint.

(2) For purposes of section 2930.09 of the Revised Code, all
stages of a proceeding arising out of a complaint alleging the
commission of a violation, offense of violence, or sexually
oriented offense described in division (A)(1) of this section,
including all proceedings on a motion for a temporary protection
order, are critical stages of the case, and a victim may be
accompanied by a victim advocate or another person to provide
support to the victim as provided in that section.

(B) The motion shall be prepared on a form that is provided
by the clerk of the court, which form shall be substantially as
follows:

"MOTION FOR TEMPORARY PROTECTION ORDER

.......................... Court

Name and address of court

State of Ohio

v.

No. ..........

..........................................

Name of Defendant

(name of person), moves the court to issue a temporary protection
order containing terms designed to ensure the safety and
protection of the complainant, alleged victim, and other family or
household members, in relation to the named defendant, pursuant to
its authority to issue such an order under section 2919.26 of the
Revised Code.

A complaint, a copy of which has been attached to this
motion, has been filed in this court charging the named defendant
with .......................... (name of the specified violation,
the offense of violence, or sexually oriented offense charged) in
circumstances in which the victim was a family or household member
in violation of (section of the Revised Code designating the
specified violation, offense of violence, or sexually oriented
offense charged), or charging the named defendant with a violation
of a municipal ordinance that is substantially similar to
........................ (section of the Revised Code designating
the specified violation, offense of violence, or sexually oriented
offense charged) involving a family or household member.

I understand that I must appear before the court, at a time
set by the court within twenty-four hours after the filing of this
motion, for a hearing on the motion or that, if I am unable to
appear because of hospitalization or a medical condition resulting
from the offense alleged in the complaint, a person who can
provide information about my need for a temporary protection order
must appear before the court in lieu of my appearing in court. I
understand that any temporary protection order granted pursuant to
this motion is a pretrial condition of release and is effective
only until the disposition of the criminal proceeding arising out
of the attached complaint, or the issuance of a civil protection
order or the approval of a consent agreement, arising out of the
same activities as those that were the basis of the complaint,
under section 3113.31 of the Revised Code.

..........................................

Signature of person

(or signature of the arresting officer who filed the motion on
behalf of the alleged victim)

..........................................

Address of person (or office address of the arresting officer who
filed the motion on behalf of the alleged victim)"

(C)(1) As soon as possible after the filing of a motion that
requests the issuance of a temporary protection order, but not
later than twenty-four hours after the filing of the motion, the
court shall conduct a hearing to determine whether to issue the
order. The person who requested the order shall appear before the
court and provide the court with the information that it requests
concerning the basis of the motion. If the person who requested
the order is unable to appear and if the court finds that the
failure to appear is because of the person's hospitalization or
medical condition resulting from the offense alleged in the
complaint, another person who is able to provide the court with
the information it requests may appear in lieu of the person who
requested the order. If the court finds that the safety and
protection of the complainant, alleged victim, or any other family
or household member of the alleged victim may be impaired by the
continued presence of the alleged offender, the court may issue a
temporary protection order, as a pretrial condition of release,
that contains terms designed to ensure the safety and protection
of the complainant, alleged victim, or the family or household
member, including a requirement that the alleged offender refrain
from entering the residence, school, business, or place of
employment of the complainant, alleged victim, or the family or
household member.

(2)(a) If the court issues a temporary protection order that
includes a requirement that the alleged offender refrain from
entering the residence, school, business, or place of employment
of the complainant, the alleged victim, or the family or household
member, the order shall state clearly that the order cannot be
waived or nullified by an invitation to the alleged offender from
the complainant, alleged victim, or family or household member to
enter the residence, school, business, or place of employment or
by the alleged offender's entry into one of those places otherwise
upon the consent of the complainant, alleged victim, or family or
household member.

(b) Division (C)(2)(a) of this section does not limit any
discretion of a court to determine that an alleged offender
charged with a violation of section 2919.27 of the Revised Code,
with a violation of a municipal ordinance substantially equivalent
to that section, or with contempt of court, which charge is based
on an alleged violation of a temporary protection order issued
under this section, did not commit the violation or was not in
contempt of court.

(D)(1) Upon the filing of a complaint that alleges a
violation of section 2909.06, 2909.07, 2911.12, or 2911.211 of the
Revised Code if the alleged victim of the violation was a family
or household member at the time of the violation, a violation of a
municipal ordinance that is substantially similar to any of those
sections if the alleged victim of the violation was a family or
household member at the time of the violation, any offense of
violence if the alleged victim of the offense was a family or
household member at the time of the commission of the offense, or
any sexually oriented offense if the alleged victim of the offense
was a family or household member at the time of the commission of
the offense, the court, upon its own motion, may issue a temporary
protection order as a pretrial condition of release if it finds
that the safety and protection of the complainant, alleged victim,
or other family or household member of the alleged offender may be
impaired by the continued presence of the alleged offender.

(2) If the court issues a temporary protection order under
this section as an ex parte order, it shall conduct, as soon as
possible after the issuance of the order, a hearing in the
presence of the alleged offender not later than the next day on
which the court is scheduled to conduct business after the day on
which the alleged offender was arrested or at the time of the
appearance of the alleged offender pursuant to summons to
determine whether the order should remain in effect, be modified,
or be revoked. The hearing shall be conducted under the standards
set forth in division (C) of this section.

(3) An order issued under this section shall contain only
those terms authorized in orders issued under division (C) of this
section.

(4) If a municipal court or a county court issues a temporary
protection order under this section and if, subsequent to the
issuance of the order, the alleged offender who is the subject of
the order is bound over to the court of common pleas for
prosecution of a felony arising out of the same activities as
those that were the basis of the complaint upon which the order is
based, notwithstanding the fact that the order was issued by a
municipal court or county court, the order shall remain in effect,
as though it were an order of the court of common pleas, while the
charges against the alleged offender are pending in the court of
common pleas, for the period of time described in division (E)(2)
of this section, and the court of common pleas has exclusive
jurisdiction to modify the order issued by the municipal court or
county court. This division applies when the alleged offender is
bound over to the court of common pleas as a result of the person
waiving a preliminary hearing on the felony charge, as a result of
the municipal court or county court having determined at a
preliminary hearing that there is probable cause to believe that
the felony has been committed and that the alleged offender
committed it, as a result of the alleged offender having been
indicted for the felony, or in any other manner.

(E) A temporary protection order that is issued as a pretrial
condition of release under this section:

(1) Is in addition to, but shall not be construed as a part
of, any bail set under Criminal Rule 46;

(2) Is effective only until the occurrence of either of the
following:

(a) The disposition, by the court that issued the order or,
in the circumstances described in division (D)(4) of this section,
by the court of common pleas to which the alleged offender is
bound over for prosecution, of the criminal proceeding arising out
of the complaint upon which the order is based;

(b) The issuance of a protection order or the approval of a
consent agreement, arising out of the same activities as those
that were the basis of the complaint upon which the order is
based, under section 3113.31 of the Revised Code;

(3) Shall not be construed as a finding that the alleged
offender committed the alleged offense, and shall not be
introduced as evidence of the commission of the offense at the
trial of the alleged offender on the complaint upon which the
order is based.

(F) A person who meets the criteria for bail under Criminal
Rule 46 and who, if required to do so pursuant to that rule,
executes or posts bond or deposits cash or securities as bail,
shall not be held in custody pending a hearing before the court on
a motion requesting a temporary protection order.

(G)(1) A copy of any temporary protection order that is
issued under this section shall be issued by the court to the
complainant, to the alleged victim, to the person who requested
the order, to the defendant, and to all law enforcement agencies
that have jurisdiction to enforce the order. The court shall
direct that a copy of the order be delivered to the defendant on
the same day that the order is entered. If a municipal court or a
county court issues a temporary protection order under this
section and if, subsequent to the issuance of the order, the
defendant who is the subject of the order is bound over to the
court of common pleas for prosecution as described in division
(D)(4) of this section, the municipal court or county court shall
direct that a copy of the order be delivered to the court of
common pleas to which the defendant is bound over.

(2) Upon the issuance of a protection order under this
section, the court shall provide the parties to the order with the
following notice orally or by form:

"NOTICE

As a result of this protection order, it may be unlawful for
you to possess or purchase a firearm, including a rifle, pistol,
or revolver, or ammunition pursuant to federal law under 18 U.S.C.
922(g)(8). If you have any questions whether this law makes it
illegal for you to possess or purchase a firearm or ammunition,
you should consult an attorney."

(3) All law enforcement agencies shall establish and maintain
an index for the temporary protection orders delivered to the
agencies pursuant to division (G)(1) of this section. With respect
to each order delivered, each agency shall note on the index, the
date and time of the receipt of the order by the agency.

(4) A complainant, alleged victim, or other person who
obtains a temporary protection order under this section may
provide notice of the issuance of the temporary protection order
to the judicial and law enforcement officials in any county other
than the county in which the order is issued by registering that
order in the other county in accordance with division (N) of
section 3113.31 of the Revised Code and filing a copy of the
registered protection order with a law enforcement agency in the
other county in accordance with that division.

(5) Any officer of a law enforcement agency shall enforce a
temporary protection order issued by any court in this state in
accordance with the provisions of the order, including removing
the defendant from the premises, regardless of whether the order
is registered in the county in which the officer's agency has
jurisdiction as authorized by division (G)(4) of this section.

(H) Upon a violation of a temporary protection order, the
court may issue another temporary protection order, as a pretrial
condition of release, that modifies the terms of the order that
was violated.

(I)(1) As used in divisions (I)(1) and (2) of this section,
"defendant" means a person who is alleged in a complaint to have
committed a violation, offense of violence, or sexually oriented
offense of the type described in division (A) of this section.

(2) If a complaint is filed that alleges that a person
committed a violation, offense of violence, or sexually oriented
offense of the type described in division (A) of this section, the
court may not issue a temporary protection order under this
section that requires the complainant, the alleged victim, or
another family or household member of the defendant to do or
refrain from doing an act that the court may require the defendant
to do or refrain from doing under a temporary protection order
unless both of the following apply:

(a) The defendant has filed a separate complaint that alleges
that the complainant, alleged victim, or other family or household
member in question who would be required under the order to do or
refrain from doing the act committed a violation or offense of
violence of the type described in division (A) of this section.

(b) The court determines that both the complainant, alleged
victim, or other family or household member in question who would
be required under the order to do or refrain from doing the act
and the defendant acted primarily as aggressors, that neither the
complainant, alleged victim, or other family or household member
in question who would be required under the order to do or refrain
from doing the act nor the defendant acted primarily in
self-defense, and, in accordance with the standards and criteria
of this section as applied in relation to the separate complaint
filed by the defendant, that it should issue the order to require
the complainant, alleged victim, or other family or household
member in question to do or refrain from doing the act.

(J) Notwithstanding any provision of law to the contrary(1)
Subject to division (J)(2) of this section and regardless of
whether a protection order is issued or a consent agreement is
approved by a court of another county or a court of another state,
no court or unit of state or local government shall charge the
movant any fee, cost, deposit, or money in connection with the
filing of a motion pursuant to this section, in connection with
the filing, issuance, registration, modification, enforcement,
dismissal, withdrawal, or service of a protection order or,
consent agreement, or witness subpoena or for obtaining a
certified copy of a protection order or consent agreement.

(2) Regardless of whether a protection order is issued or a
consent agreement is approved pursuant to this section, if the
defendant is convicted the court may assess costs against the
defendant in connection with the filing, issuance, registration,
modification, enforcement, dismissal, withdrawal, or service of a
protection order, consent agreement, or witness subpoena or for
obtaining a certified copy of a protection order or consent
agreement.

(K) As used in this section:

(1) "Sexually oriented offense" has the same meaning as in
section 2950.01 of the Revised Code.

(2) "Victim advocate" means a person who provides support and
assistance for a victim of an offense during court proceedings.

Sec. 2919.272. (A) As used in this section, "protection
order issued by a court of another state" has the same meaning as
in section 2919.27 of the Revised Code.

(B) A person who has obtained a protection order issued by a
court of another state may provide notice of the issuance of the
order to judicial and law enforcement officials in any county of
this state by registering the order in that county and filing a
copy of the registered order with a law enforcement agency in that
county. To register the order, the person shall obtain a certified
copy of the order from the clerk of the court that issued the
order and present that certified copy to the clerk of the court of
common pleas or the clerk of a municipal court or county court in
the county in which the order is to be registered. Upon accepting
the certified copy of the order for registration, the clerk shall
place an endorsement of registration on the order and give the
person a copy of the order that bears proof of registration. The
person then may file with a law enforcement agency in that county
a copy of the order that bears proof of registration.

(C) The clerk of each court of common pleas and the clerk of
each municipal court and county court shall maintain a registry of
certified copies of protection orders issued by courts of another
state that have been registered with the clerk. Each law
enforcement agency shall establish and maintain a registry for
protection orders delivered to the agency pursuant to this
section. The agency shall note in the registry the date and time
that the agency received an order.

(D) An officer of a law enforcement agency shall enforce a
protection order issued by a court of another state in accordance
with the provisions of the order, including removing the person
allegedly violating the order from the premises, regardless of
whether the order is registered as authorized by division (B) of
this section in the county in which the officer's agency has
jurisdiction.

(E) Notwithstanding any provision of law to the contrary(1)
Subject to division (E)(2) of this section and regardless of
whether a protection order is issued or a consent agreement is
approved by a court of another county or a court of another state,
no court or unit of state or local government shall charge a
person who registers and files an order any fee, cost, deposit, or
money in connection with the filing, issuance, registration,
modification, enforcement, dismissal, withdrawal, or service of a
protection order or, consent agreement, or witness subpoena or for
obtaining a certified copy of a protection order or consent
agreement, including a protection order issued by a court of
another state.

(2) Regardless of whether a protection order is issued or a
consent agreement is approved pursuant to this section, the court
may assess costs against the person who is subject to a registered
and filed order in connection with the filing, issuance,
registration, modification, enforcement, dismissal, withdrawal, or
service of a protection order, consent agreement, or witness
subpoena or for obtaining a certified copy of a protection order
or consent agreement.

Sec. 3113.31. (A) As used in this section:

(1) "Domestic violence" means the occurrence of one or more
of the following acts against a family or household member:

(a) Attempting to cause or recklessly causing bodily injury;

(b) Placing another person by the threat of force in fear of
imminent serious physical harm or committing a violation of
section 2903.211 or 2911.211 of the Revised Code;

(c) Committing any act with respect to a child that would
result in the child being an abused child, as defined in section
2151.031 of the Revised Code;

(d) Committing a sexually oriented offense.

(2) "Court" means the domestic relations division of the
court of common pleas in counties that have a domestic relations
division and the court of common pleas in counties that do not
have a domestic relations division, or the juvenile division of
the court of common pleas of the county in which the person to be
protected by a protection order issued or a consent agreement
approved under this section resides if the respondent is less than
eighteen years of age.

(3) "Family or household member" means any of the following:

(a) Any of the following who is residing with or has resided
with the respondent:

(i) A spouse, a person living as a spouse, or a former spouse
of the respondent;

(ii) A parent, a foster parent, or a child of the respondent,
or another person related by consanguinity or affinity to the
respondent;

(iii) A parent or a child of a spouse, person living as a
spouse, or former spouse of the respondent, or another person
related by consanguinity or affinity to a spouse, person living as
a spouse, or former spouse of the respondent.

(b) The natural parent of any child of whom the respondent is
the other natural parent or is the putative other natural parent.

(4) "Person living as a spouse" means a person who is living
or has lived with the respondent in a common law marital
relationship, who otherwise is cohabiting with the respondent, or
who otherwise has cohabited with the respondent within five years
prior to the date of the alleged occurrence of the act in
question.

(5) "Victim advocate" means a person who provides support and
assistance for a person who files a petition under this section.

(6) "Sexually oriented offense" has the same meaning as in
section 2950.01 of the Revised Code.

(B) The court has jurisdiction over all proceedings under
this section. The petitioner's right to relief under this section
is not affected by the petitioner's leaving the residence or
household to avoid further domestic violence.

(C) A person may seek relief under this section on the
person's own behalf, or any parent or adult household member may
seek relief under this section on behalf of any other family or
household member, by filing a petition with the court. The
petition shall contain or state:

(1) An allegation that the respondent engaged in domestic
violence against a family or household member of the respondent,
including a description of the nature and extent of the domestic
violence;

(2) The relationship of the respondent to the petitioner, and
to the victim if other than the petitioner;

(3) A request for relief under this section.

(D)(1) If a person who files a petition pursuant to this
section requests an ex parte order, the court shall hold an ex
parte hearing on the same day that the petition is filed. The
court, for good cause shown at the ex parte hearing, may enter any
temporary orders, with or without bond, including, but not limited
to, an order described in division (E)(1)(a), (b), or (c) of this
section, that the court finds necessary to protect the family or
household member from domestic violence. Immediate and present
danger of domestic violence to the family or household member
constitutes good cause for purposes of this section. Immediate and
present danger includes, but is not limited to, situations in
which the respondent has threatened the family or household member
with bodily harm, in which the respondent has threatened the
family or household member with a sexually oriented offense, or in
which the respondent previously has been convicted of, pleaded
guilty to, or been adjudicated a delinquent child for an offense
that constitutes domestic violence against the family or household
member.

(2)(a) If the court, after an ex parte hearing, issues an
order described in division (E)(1)(b) or (c) of this section, the
court shall schedule a full hearing for a date that is within
seven court days after the ex parte hearing. If any other type of
protection order that is authorized under division (E) of this
section is issued by the court after an ex parte hearing, the
court shall schedule a full hearing for a date that is within ten
court days after the ex parte hearing. The court shall give the
respondent notice of, and an opportunity to be heard at, the full
hearing. The court shall hold the full hearing on the date
scheduled under this division unless the court grants a
continuance of the hearing in accordance with this division. Under
any of the following circumstances or for any of the following
reasons, the court may grant a continuance of the full hearing to
a reasonable time determined by the court:

(i) Prior to the date scheduled for the full hearing under
this division, the respondent has not been served with the
petition filed pursuant to this section and notice of the full
hearing.

(ii) The parties consent to the continuance.

(iii) The continuance is needed to allow a party to obtain
counsel.

(iv) The continuance is needed for other good cause.

(b) An ex parte order issued under this section does not
expire because of a failure to serve notice of the full hearing
upon the respondent before the date set for the full hearing under
division (D)(2)(a) of this section or because the court grants a
continuance under that division.

(3) If a person who files a petition pursuant to this section
does not request an ex parte order, or if a person requests an ex
parte order but the court does not issue an ex parte order after
an ex parte hearing, the court shall proceed as in a normal civil
action and grant a full hearing on the matter.

(E)(1) After an ex parte or full hearing, the court may grant
any protection order, with or without bond, or approve any consent
agreement to bring about a cessation of domestic violence against
the family or household members. The order or agreement may:

(a) Direct the respondent to refrain from abusing or from
committing sexually oriented offenses against the family or
household members;

(b) Grant possession of the residence or household to the
petitioner or other family or household member, to the exclusion
of the respondent, by evicting the respondent, when the residence
or household is owned or leased solely by the petitioner or other
family or household member, or by ordering the respondent to
vacate the premises, when the residence or household is jointly
owned or leased by the respondent, and the petitioner or other
family or household member;

(c) When the respondent has a duty to support the petitioner
or other family or household member living in the residence or
household and the respondent is the sole owner or lessee of the
residence or household, grant possession of the residence or
household to the petitioner or other family or household member,
to the exclusion of the respondent, by ordering the respondent to
vacate the premises, or, in the case of a consent agreement, allow
the respondent to provide suitable, alternative housing;

(d) Temporarily allocate parental rights and responsibilities
for the care of, or establish temporary parenting time rights with
regard to, minor children, if no other court has determined, or is
determining, the allocation of parental rights and
responsibilities for the minor children or parenting time rights;

(e) Require the respondent to maintain support, if the
respondent customarily provides for or contributes to the support
of the family or household member, or if the respondent has a duty
to support the petitioner or family or household member;

(f) Require the respondent, petitioner, victim of domestic
violence, or any combination of those persons, to seek counseling;

(g) Require the respondent to refrain from entering the
residence, school, business, or place of employment of the
petitioner or family or household member;

(h) Grant other relief that the court considers equitable and
fair, including, but not limited to, ordering the respondent to
permit the use of a motor vehicle by the petitioner or other
family or household member and the apportionment of household and
family personal property.

(2) If a protection order has been issued pursuant to this
section in a prior action involving the respondent and the
petitioner or one or more of the family or household members or
victims, the court may include in a protection order that it
issues a prohibition against the respondent returning to the
residence or household. If it includes a prohibition against the
respondent returning to the residence or household in the order,
it also shall include in the order provisions of the type
described in division (E)(7) of this section. This division does
not preclude the court from including in a protection order or
consent agreement, in circumstances other than those described in
this division, a requirement that the respondent be evicted from
or vacate the residence or household or refrain from entering the
residence, school, business, or place of employment of the
petitioner or a family or household member, and, if the court
includes any requirement of that type in an order or agreement,
the court also shall include in the order provisions of the type
described in division (E)(7) of this section.

(3)(a) Any protection order issued or consent agreement
approved under this section shall be valid until a date certain,
but not later than five years from the date of its issuance or
approval, or not later than the date a respondent who is less than
eighteen years of age attains nineteen years of age, unless
modified or terminated as provided in division (E)(8) of this
section.

(b) Subject to the limitation on the duration of an order or
agreement set forth in division (E)(3)(a) of this section, any
order under division (E)(1)(d) of this section shall terminate on
the date that a court in an action for divorce, dissolution of
marriage, or legal separation brought by the petitioner or
respondent issues an order allocating parental rights and
responsibilities for the care of children or on the date that a
juvenile court in an action brought by the petitioner or
respondent issues an order awarding legal custody of minor
children. Subject to the limitation on the duration of an order or
agreement set forth in division (E)(3)(a) of this section, any
order under division (E)(1)(e) of this section shall terminate on
the date that a court in an action for divorce, dissolution of
marriage, or legal separation brought by the petitioner or
respondent issues a support order or on the date that a juvenile
court in an action brought by the petitioner or respondent issues
a support order.

(c) Any protection order issued or consent agreement approved
pursuant to this section may be renewed in the same manner as the
original order or agreement was issued or approved.

(4) A court may not issue a protection order that requires a
petitioner to do or to refrain from doing an act that the court
may require a respondent to do or to refrain from doing under
division (E)(1)(a), (b), (c), (d), (e), (g), or (h) of this
section unless all of the following apply:

(a) The respondent files a separate petition for a protection
order in accordance with this section.

(b) The petitioner is served notice of the respondent's
petition at least forty-eight hours before the court holds a
hearing with respect to the respondent's petition, or the
petitioner waives the right to receive this notice.

(c) If the petitioner has requested an ex parte order
pursuant to division (D) of this section, the court does not delay
any hearing required by that division beyond the time specified in
that division in order to consolidate the hearing with a hearing
on the petition filed by the respondent.

(d) After a full hearing at which the respondent presents
evidence in support of the request for a protection order and the
petitioner is afforded an opportunity to defend against that
evidence, the court determines that the petitioner has committed
an act of domestic violence or has violated a temporary protection
order issued pursuant to section 2919.26 of the Revised Code, that
both the petitioner and the respondent acted primarily as
aggressors, and that neither the petitioner nor the respondent
acted primarily in self-defense.

(5) No protection order issued or consent agreement approved
under this section shall in any manner affect title to any real
property.

(6)(a) If a petitioner, or the child of a petitioner, who
obtains a protection order or consent agreement pursuant to
division (E)(1) of this section or a temporary protection order
pursuant to section 2919.26 of the Revised Code and is the subject
of a parenting time order issued pursuant to section 3109.051 or
3109.12 of the Revised Code or a visitation or companionship order
issued pursuant to section 3109.051, 3109.11, or 3109.12 of the
Revised Code or division (E)(1)(d) of this section granting
parenting time rights to the respondent, the court may require the
public children services agency of the county in which the court
is located to provide supervision of the respondent's exercise of
parenting time or visitation or companionship rights with respect
to the child for a period not to exceed nine months, if the court
makes the following findings of fact:

(i) The child is in danger from the respondent;

(ii) No other person or agency is available to provide the
supervision.

(b) A court that requires an agency to provide supervision
pursuant to division (E)(6)(a) of this section shall order the
respondent to reimburse the agency for the cost of providing the
supervision, if it determines that the respondent has sufficient
income or resources to pay that cost.

(7)(a) If a protection order issued or consent agreement
approved under this section includes a requirement that the
respondent be evicted from or vacate the residence or household or
refrain from entering the residence, school, business, or place of
employment of the petitioner or a family or household member, the
order or agreement shall state clearly that the order or agreement
cannot be waived or nullified by an invitation to the respondent
from the petitioner or other family or household member to enter
the residence, school, business, or place of employment or by the
respondent's entry into one of those places otherwise upon the
consent of the petitioner or other family or household member.

(b) Division (E)(7)(a) of this section does not limit any
discretion of a court to determine that a respondent charged with
a violation of section 2919.27 of the Revised Code, with a
violation of a municipal ordinance substantially equivalent to
that section, or with contempt of court, which charge is based on
an alleged violation of a protection order issued or consent
agreement approved under this section, did not commit the
violation or was not in contempt of court.

(8)(a) The court may modify or terminate as provided in
division (E)(8) of this section a protection order or consent
agreement that was issued after a full hearing under this section.
The court that issued the protection order or approved the consent
agreement shall hear a motion for modification or termination of
the protection order or consent agreement pursuant to division
(E)(8) of this section.

(b) Either the petitioner or the respondent of the original
protection order or consent agreement may bring a motion for
modification or termination of a protection order or consent
agreement that was issued or approved after a full hearing. The
court shall require notice of the motion to be made as provided by
the Rules of Civil Procedure. If the petitioner for the original
protection order or consent agreement has requested that the
petitioner's address be kept confidential, the court shall not
disclose the address to the respondent of the original protection
order or consent agreement or any other person, except as
otherwise required by law. The moving party has the burden of
proof to show, by a preponderance of the evidence, that
modification or termination of the protection order or consent
agreement is appropriate because either the protection order or
consent agreement is no longer needed or because the terms of the
original protection order or consent agreement are no longer
appropriate.

(c) In considering whether to modify or terminate a
protection order or consent agreement issued or approved under
this section, the court shall consider all relevant factors,
including, but not limited to, the following:

(i) Whether the petitioner consents to modification or
termination of the protection order or consent agreement;

(ii) Whether the petitioner fears the respondent;

(iii) The current nature of the relationship between the
petitioner and the respondent;

(iv) The circumstances of the petitioner and respondent,
including the relative proximity of the petitioner's and
respondent's workplaces and residences and whether the petitioner
and respondent have minor children together;

(v) Whether the respondent has complied with the terms and
conditions of the original protection order or consent agreement;

(vi) Whether the respondent has a continuing involvement with
illegal drugs or alcohol;

(vii) Whether the respondent has been convicted of, pleaded
guilty to, or been adjudicated a delinquent child for an offense
of violence since the issuance of the protection order or approval
of the consent agreement;

(viii) Whether any other protection orders, consent
agreements, restraining orders, or no contact orders have been
issued against the respondent pursuant to this section, section
2919.26 of the Revised Code, any other provision of state law, or
the law of any other state;

(ix) Whether the respondent has participated in any domestic
violence treatment, intervention program, or other counseling
addressing domestic violence and whether the respondent has
completed the treatment, program, or counseling;

(x) The time that has elapsed since the protection order was
issued or since the consent agreement was approved;

(xi) The age and health of the respondent;

(xii) When the last incident of abuse, threat of harm, or
commission of a sexually oriented offense occurred or other
relevant information concerning the safety and protection of the
petitioner or other protected parties.

(d) If a protection order or consent agreement is modified or
terminated as provided in division (E)(8) of this section, the
court shall issue copies of the modified or terminated order or
agreement as provided in division (F) of this section. A
petitioner may also provide notice of the modification or
termination to the judicial and law enforcement officials in any
county other than the county in which the order or agreement is
modified or terminated as provided in division (N) of this
section.

(e) If the respondent moves for modification or termination
of a protection order or consent agreement pursuant to this
section and the court denies the motion, the court may assess
costs against the respondent for the filing of the motion.

(9) Any protection order issued or any consent agreement
approved pursuant to this section shall include a provision that
the court will automatically seal all of the records of the
proceeding in which the order is issued or agreement approved on
the date the respondent attains the age of nineteen years unless
the petitioner provides the court with evidence that the
respondent has not complied with all of the terms of the
protection order or consent agreement. The protection order or
consent agreement shall specify the date when the respondent
attains the age of nineteen years.

(F)(1) A copy of any protection order, or consent agreement,
that is issued, approved, modified, or terminated under this
section shall be issued by the court to the petitioner, to the
respondent, and to all law enforcement agencies that have
jurisdiction to enforce the order or agreement. The court shall
direct that a copy of an order be delivered to the respondent on
the same day that the order is entered.

(2) Upon the issuance of a protection order or the approval
of a consent agreement under this section, the court shall provide
the parties to the order or agreement with the following notice
orally or by form:

"NOTICE

As a result of this order or consent agreement, it may be
unlawful for you to possess or purchase a firearm, including a
rifle, pistol, or revolver, or ammunition pursuant to federal law
under 18 U.S.C. 922(g)(8). If you have any questions whether this
law makes it illegal for you to possess or purchase a firearm or
ammunition, you should consult an attorney."

(3) All law enforcement agencies shall establish and maintain
an index for the protection orders and the approved consent
agreements delivered to the agencies pursuant to division (F)(1)
of this section. With respect to each order and consent agreement
delivered, each agency shall note on the index the date and time
that it received the order or consent agreement.

(4) Regardless of whether the petitioner has registered the
order or agreement in the county in which the officer's agency has
jurisdiction pursuant to division (N) of this section, any officer
of a law enforcement agency shall enforce a protection order
issued or consent agreement approved by any court in this state in
accordance with the provisions of the order or agreement,
including removing the respondent from the premises, if
appropriate.

(G) Any proceeding under this section shall be conducted in
accordance with the Rules of Civil Procedure, except that an order
under this section may be obtained with or without bond. An order
issued under this section, other than an ex parte order, that
grants a protection order or approves a consent agreement, that
refuses to grant a protection order or approve a consent agreement
that modifies or terminates a protection order or consent
agreement, or that refuses to modify or terminate a protection
order or consent agreement, is a final, appealable order. The
remedies and procedures provided in this section are in addition
to, and not in lieu of, any other available civil or criminal
remedies.

(H) The filing of proceedings under this section does not
excuse a person from filing any report or giving any notice
required by section 2151.421 of the Revised Code or by any other
law. When a petition under this section alleges domestic violence
against minor children, the court shall report the fact, or cause
reports to be made, to a county, township, or municipal peace
officer under section 2151.421 of the Revised Code.

(I) Any law enforcement agency that investigates a domestic
dispute shall provide information to the family or household
members involved regarding the relief available under this section
and section 2919.26 of the Revised Code.

(J) Notwithstanding any provision of law to the contrary(1)
Subject to divisions (E)(8)(e) and (J)(2) of this section and
regardless of whether a protection order is issued or a consent
agreement is approved by a court of another county or a court of
another state, no court or unit of state or local government shall
charge the petitioner any fee, cost, deposit, or money in
connection with the filing of a petition pursuant to this section
or in connection with the filing, issuance, registration,
modification, enforcement, dismissal, withdrawal, or service of a
protection order or, consent agreement, or witness subpoena or for
obtaining a certified copy of a protection order or consent
agreement.

(2) Regardless of whether a protection order is issued or a
consent agreement is approved pursuant to this section, the court
may assess costs against the respondent in connection with the
filing, issuance, registration, modification, enforcement,
dismissal, withdrawal, or service of a protection order, consent
agreement, or witness subpoena or for obtaining a certified copy
of a protection order or consent agreement.

(K)(1) The court shall comply with Chapters 3119., 3121.,
3123., and 3125. of the Revised Code when it makes or modifies an
order for child support under this section.

(2) If any person required to pay child support under an
order made under this section on or after April 15, 1985, or
modified under this section on or after December 31, 1986, is
found in contempt of court for failure to make support payments
under the order, the court that makes the finding, in addition to
any other penalty or remedy imposed, shall assess all court costs
arising out of the contempt proceeding against the person and
require the person to pay any reasonable attorney's fees of any
adverse party, as determined by the court, that arose in relation
to the act of contempt.

(L)(1) A person who violates a protection order issued or a
consent agreement approved under this section is subject to the
following sanctions:

(a) Criminal prosecution or a delinquent child proceeding for
a violation of section 2919.27 of the Revised Code, if the
violation of the protection order or consent agreement constitutes
a violation of that section;

(b) Punishment for contempt of court.

(2) The punishment of a person for contempt of court for
violation of a protection order issued or a consent agreement
approved under this section does not bar criminal prosecution of
the person or a delinquent child proceeding concerning the person
for a violation of section 2919.27 of the Revised Code. However, a
person punished for contempt of court is entitled to credit for
the punishment imposed upon conviction of or adjudication as a
delinquent child for a violation of that section, and a person
convicted of or adjudicated a delinquent child for a violation of
that section shall not subsequently be punished for contempt of
court arising out of the same activity.

(M) In all stages of a proceeding under this section, a
petitioner may be accompanied by a victim advocate.

(N)(1) A petitioner who obtains a protection order or consent
agreement under this section or a temporary protection order under
section 2919.26 of the Revised Code may provide notice of the
issuance or approval of the order or agreement to the judicial and
law enforcement officials in any county other than the county in
which the order is issued or the agreement is approved by
registering that order or agreement in the other county pursuant
to division (N)(2) of this section and filing a copy of the
registered order or registered agreement with a law enforcement
agency in the other county in accordance with that division. A
person who obtains a protection order issued by a court of another
state may provide notice of the issuance of the order to the
judicial and law enforcement officials in any county of this state
by registering the order in that county pursuant to section
2919.272 of the Revised Code and filing a copy of the registered
order with a law enforcement agency in that county.

(2) A petitioner may register a temporary protection order,
protection order, or consent agreement in a county other than the
county in which the court that issued the order or approved the
agreement is located in the following manner:

(a) The petitioner shall obtain a certified copy of the order
or agreement from the clerk of the court that issued the order or
approved the agreement and present that certified copy to the
clerk of the court of common pleas or the clerk of a municipal
court or county court in the county in which the order or
agreement is to be registered.

(b) Upon accepting the certified copy of the order or
agreement for registration, the clerk of the court of common
pleas, municipal court, or county court shall place an endorsement
of registration on the order or agreement and give the petitioner
a copy of the order or agreement that bears that proof of
registration.

(3) The clerk of each court of common pleas, the clerk of
each municipal court, and the clerk of each county court shall
maintain a registry of certified copies of temporary protection
orders, protection orders, or consent agreements that have been
issued or approved by courts in other counties and that have been
registered with the clerk.

(O) Nothing in this section prohibits the domestic relations
division of a court of common pleas in counties that have a
domestic relations division or a court of common pleas in counties
that do not have a domestic relations division from designating a
minor child as a protected party on a protection order or consent
agreement.